03-04-2016 Town Owned Light Poles at Avon Elementary SchoolLEASE AGREEMENT
FOR TOWN OWNED LIGHT POLES AT
AVON ELEMENTARY SCHOOL,
TRACT P AND ON W. BEAVER CREEK BLVD,
TOWN OF AVON, CO
THIS LEASE AGREEMENT ( "Agreement ") is entered into on March 4, 2016, between the
Avon Elementary School ( "Lessee "), doing business as a Colorado non - profit governmental,
whose address is 0850 W. Beaver Creek Blvd., P.O. Box 7567, Avon, Colorado 81620 and the
Town of Avon, as Lessor ( "Avon "), a Colorado Home rule municipality, located at One Lake
Street, Avon, Colorado (individually at "Party" and collectively, the "Parties ").
This Agreement sets forth the terms and conditions for Avon Elementary School to design and
produce single panel banners for up to eight (8) 16' light poles located in the south parking lot of
Avon Elementary School and along W. Beaver Creek Blvd. adjacent to the Lessee property
( "Premise ") and owned by the Lessor.
In consideration of the mutual promises and covenants herein contained, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Avon
Elementary School and Avon, the Parties do hereby agree as follows:
1. Term. The term ( "Term ") of this Agreement shall be for one (1) year, commencing
March 4, 2016 and ending March 4, 2017, unless earlier terminated as hereinafter provided.
2. Lease. Avon agrees to lease the Premises to Avon Elementary School for decorating
with single panel banners subject to the terms and conditions of this Agreement.
3. Lease Payment Amount. During the term of this Agreement the following stipulations
are set forth,
a. Rent shall be $0.00 per month; and
b. The banner arms, installation and removal of banners will be provided by Avon.
4. Limits on Use. No other services by Avon are included other than those explicitly listed
herein. Other uses of the Premises are not permitted without Avon's written consent and will be
considered a breach of this Agreement. The following additional limitations on use apply:
(a) Avon Elementary School agrees that use of the Premises is "at your own risk ".
(b) The banner creative, design and production will be provided by Avon Elementary
School. Banners will be made to specific requirements provided by Avon and
delivered to Town offices for installation.
5. Maintenance. Avon retains the right to remove damaged banners or banners which may
pose dangerous conditions at their discretion and will immediately notify Avon Elementary
School of any removal. Avon Elementary School has the right to replace damaged/removed
banners with a banner of the same design. Avon Elementary School agrees to immediately
notify Avon of any defects or dangerous conditions in and about the Premises of which
Avon -Avon Elementary School Lease Agreement
March 4, 2015
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Avon Elementary School becomes aware
6. Facilities. Avon represents that its light poles are capable of holding banners made to
specification and are adequately equipped to offer the services described herein.
7. Termination. Avon Elementary School or Avon may terminate this Lease Agreement
without cause by providing at least five (5) days prior written notice to the other Party. In the
event of any material breach of this Agreement by Avon Elementary School, the Avon may
terminate this Agreement immediately upon providing written notice of termination to Avon
Elementary School.
8. Liability and Indemnification. Avon Elementary School, its officers and employees,
shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions
of Avon or of any officer or employee thereof. Likewise, Avon, its officers and employees, shall
not be deemed to assume any liability for intentional or negligent acts, errors or omissions of
Avon Elementary School or by any officer or employee thereof. Avon Elementary School
agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon, its respective
agents, officers, servants and employees of and from any and all loss, costs, damage, injury,
liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related
to Avon Elementary School's intentional or negligent acts, errors, or omissions or that of its
agents, officers, servants, and employees, whether contractual or otherwise. Likewise, Avon
agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon Elementary
School, its respective agents, officers, servants and employees of and from any and all loss,
costs, damage injury, liability, claims, liens, demands, action and causes of action whatsoever
arising out of or related to Avon's intentional or negligent acts errors or omissions or that of its
agents, officers, servants and employees, whether contractual or otherwise.
9. Insurance. The Parties must carry valid insurance for any individuals and property that
are involved in use of the Premises. Avon is not liable for damage to Avon Elementary School
owned property while located on the Premises, including acts of vandalism, theft, or
comprehensive damage of same vehicles, unless such damage or theft is caused by the negligent
operation or management of Avon. The Parties must each carry property damage and general
liability insurance policies, each in the amount of $1,000,000 per occurrence and $2,000,000
aggregate.
10. Relationship of the Parties. The relationship between the Parties is that of independent
contractor, and nothing herein shall be deemed or construed as creating a relationship of
principal and agent, partnership, joint venture, or ownership interest in the real property.
11. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to
waive limit, or otherwise modify any governmental immunity that may be available by law to
Avon, its respective officials, employees, contractors, or agents, or any other person acting on
behalf of Avon, and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
12. Notice. Any notice, demand, or other communication required or permitted to be given
by any provision of the Lease shall be given in writing, delivered personally or sent by certified
or registered mail, postage prepaid and return receipt requested, or by overnight courier, with
Avon -Avon Elementary School Lease Agreement
March 4, 2015
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shipping charges prepaid, or given by electronic e-mail provided that e-mail shall not be deemed
delivered until acknowledged by recipient, addresses as follows:
To Avon: Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975
Avon, CO 81620
Ph.: 970 - 7484000
E -Mail: dhoppe @avon.org
To Avon Elementary School: Avon Elementary School
Attn: Leroy Getchell
08580 W. Beaver Creek Blvd.
P.O. Box 7567
Avon, CO 81620
Ph.: (970) 328 -2950
E- Marl: Leroy.Getchell @eagleschools.net
13. No Third -Party Beneficiaries. Nothing contained in this Agreement is intended to or
shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third -party, including any agent, sub - consultant or sub - contractor of Avon or Avon Elementary
School. Absolutely no third -party beneficiaries are intended by this Agreement. Any third -party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
// Signature Page Follows //
Avon -Avon Elementary School Lease Agreement
March 4, 2015
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and
year first above written.
TOWN OF AVON
ATTEST:
AVON ELEMENTARY SCHOOL
Avon -Avon Elementary School Lease Agreement
March 4, 2015
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By: i
Virginia Egger, o Manager
Date: 3 % -
AVON ELEMENTARY SCHOOL, By and
Through Its PRINCIPAL
By:
Leroy Getchell
Date: q— i